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(영문) 창원지방법원 2015.09.01 2015고단1126

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Gwangju District Court on August 9, 2012, and completed the execution of the above punishment on February 13, 2014 after having been sentenced to one month of imprisonment with prison labor and two months of imprisonment with prison labor at the Busan District Court on August 9, 2012. On March 25, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court’s Jinju Branch on March 25, 2015, and was not a person handling narcotics.

1. On February 2015, the Defendant: (a) provided a disposable injection device containing approximately 0.03 g of psychotropic drugs, to E, within a passenger car parked on the front road located in Sacheon-si, Sacheon-si; and (b) provided them with a single injection device containing approximately 0.03 g of psychotropic drugs.

2. On February 2, 2015, the Defendant provided a single-use assistant, which contains approximately 0.03 g of philopon, at the house F, 207 E, Ansan-si, Seocho-si, and E, to E.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the E substitute part);

1. E prosecutorial statement;

1. A response to the request for appraisal, and each written appraisal;

1. A criminal investigation report (related to the market price of the cambatop and additional collection charges);

1. Application of the Acts and subordinate statutes of the investigative report (report accompanied by a copy of the judgment), each written judgment, criminal records, etc., investigation reports (verification of the date of release from the court, search of cases by the Supreme Court), decisions, and auxiliary documents to

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Even though there are many criminal records for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., the sentence of punishment for each of the crimes in this case is inevitable during the period of repeated crime even though the defendant has been subject to criminal punishment for the same kind of crime: Provided, That